The Speaker of the House, Gerry Brownlee, is considering whether to take action over Te Pāti Māori MPs burning a copy of a Government bill on Parliament’s forecourt.

The MPs’ actions have drawn criticism from NZ First and Prime Minister Christopher Luxon, who said it wasn’t very smart, considering high winds had been pummelling Wellington on Tuesday.

A video, published last night on social media, showed party co-leader Debbie Ngarewa-Packer and MP Tākuta Ferris burning a copy of the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill, which passed its third reading last night.

Ngarewa-Packer can be heard saying: “Hurry up before we get arrested” and laughing, before Ferris sets fire to the pages in a rubbish bin. The pair then explained their opposition to the bill.

In a statement to the Herald, Brownlee said he had been made aware of the incident late last night and he was “currently taking advice”.

“It is the dumbest thing you could possibly do, it is highly arrogant and unacceptably irresponsible.”

The bill in question, which tightens the legal test for Māori to gain customary marine title, has prompted widespread backlash from Māori communities and inspired “burn the bill” protests at local beaches across the country.

Speaking to the Herald, Ngarewa-Packer said her actions were to show her party standing in solidarity with those opposed to the bill, which she believed had a “horrific” impact on race relations.

She accused the Speaker of having double standards, holding Te Pāti Māori to a higher level of behaviour than others in the House.

“We’re not here to please the Speaker.”

Ngarewa-Packer acknowledged repealing the bill would be more consequential than burning it, but she defended her decision to do so on Parliament’s forecourt.

“I think that the dumbest thing that’s ever happened out there is what David Seymour did,” she said.

Te Pāti Māori co-leader Debbie Ngarewa Packer (left) and MP Tākuta Ferris sit in the House. Photo / Mark Mitchell

Ngarewa-Packer’s comments refer to the Act leader attempting to drive a Land Rover up the steps of Parliament in Feburary without the permission of the Speaker.

As Seymour attempted to drive up the steps, he was ordered to stop by a security officer.

Brownlee said at the time that Seymour apologised by sending him a letter, asking Brownlee to “please accept my apologies for any offence this may have caused”.

Luxon said the MPs’ actions were not very smart or wise.

“It was high winds yesterday, as we have seen across the country. There were a couple of moments where things caught fire. I don’t think that is the best way of using time.

“The Māori Party aren’t serious. They never have any policy ideas about how to lift outcomes for Māori or non-Māori. Frankly, it is all performative. [Labour’s Chris Hipkins] is the guy that wants to work with them. Not me.”

When pushed on when there was a realistic risk to the Parliament Buildings from the bill burning, the Prime Minister acknowledged “I am not a fire expert”.

Hipkins, who has recently said Te Pāti Māori needs to sort its internal issues before they could be part of a future Government, wouldn’t comment on the burning of the bill today.

“Those are questions for the Speaker and the Māori Party. The Speaker’s job is to enforce the standards of Parliament. Those are his judgment calls. I am not going to provide a day-to-day commentary on Te Pāti Māori or every individual thing they get up to.”

Hipkins was critical of Seymour for attempting to drive up Parliament’s steps.

When pressed on why he was happy to comment on that, but not Te Pāti Māori, he said: “I am just not going to provide a blow-by-blow on everything the Māori Party do.”

NZ First said the actions of the Te Pāti Māori MPs were that of “just a bunch of schoolkid radical protestors”.

“They even joke about being arrested. They are flipping the bird at the Speaker and to the rules of the very institution that has allowed them the representation they purport to be fighting for.

“Instead of lighting things on fire, maybe they should turn up to Parliament more often and add to the debate. These are the types of radicals that Labour want to be in Government with.”

Seymour said he tried not to think about “whatever Te Pāti Māori’s latest hijinks are”. But he said the party didn’t engage in “constructive debate about the country’s future”.

The Free Speech Union said Te Pāti Māori had a right to protest, including by burning a copy of the legislation, but at the same time the Speaker had a duty to “to maintain safety and order within the parliamentary precinct”.

“Protecting free expression doesn’t mean abandoning rules altogether,” chief executive Jillaine Heather said.

“The Speaker has a legitimate role to ensure protests are conducted safely. The issue here is not whether the act offends, but whether it endangers or disrupts Parliament’s functioning, for example, by creating a fire risk.

“The Free Speech Union cautions against any punitive or political overreaction. Freedom of expression applies to everyone, Government, Opposition and crossbench alike. Today it’s Te Pāti Māori’s protest; tomorrow it could be someone else’s. Our democracy is healthiest when we defend the rights of those we disagree with.”

Seymour, the Deputy Prime Minister as well as the Act leader, this week likened the burning of the bill protest to book-burning.

“History shows it’s never good when they start burning books and this sounds unenlightened and anti-intellectual. What we need is more enlightened debate and not the 21st-century version of book-burning.”

Under the Parliamentary Service Act 2000, the Speaker has control and administration of the parliamentary precinct.

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.